Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-06-04
JAMES-RIVER DAMS.
THE LAW FOB THE RIKovAL OF fHEsz
uNREcRssARY DISTRACTIONS.
Board Of Public Works to Appoint Com
nissionsrs to Act In
this Natter.


and ITS frbut3ries":
Whereas numerous residents OF the James
River Valley have presented petition set
ting forth that serious injuries are being
inflicted upon that region by the mainte.
nance OF sundry dams Of the Richmond aud
Allegheny Railroad Company, and asking
that such steps as are practicable be taken
10 secure the destruction or removal OF
said dams, for the purpose OF improving
the sanitary conditions and lowering the
food.lnes; and whereas the receivers IN
charge OF the property OF the Richmond
and Allegheny Railroad Company have
Joined in said petition and expressed their
readiness fully TO cooperate in sad en-
deavor, provided there can be secured such
protection as would warrant the very large
outlay which the destruction or removal OF
the dams will involve; and whereas IL Is
deemed expedient 10 grant the prayer OF
the petition TO the extent and under the
LIMITATIONS herein provided: therefore
BE IL enacted by the General Assembly Of
Virqinsd, That there shall be appointed by
the Board OF Public Works three discreet,
intelligent, and impartial men-neither
bondholders nor stockholders OF the James
River and kaDawha CompanY, the Rich
mobd and Allegheny Railroad Company,
Eor owners OF nor interested In any lands,
property, or improvements TO be affected
by the terms OF this act who shall consti-
tute board OF commissioners TO examine
into the feasibility Of removing so many OF
the dams belonging to the Richmond and
Allegheny Railroad Company as may be re-
moved without violation OF its charter obi.
cations and without undue injury 10 any
existing or vested rights. The said COM
I'LL r.sfN tI.a a
eeivers or their successors, who shalt fur
nish them with all needful information, an1
the said commissioners shall determine
which OF the said dams should be destroy
ed or removed and which should be re-
tanned, and shall report the result OF their
examination TO the Board OF Public Works.
The said commissioners shall also. with
the advice OF such member OF the State
Board OF Health or any doctor OF medi-
cine as may be designated by the Gov
ernor for the performance OF such
duty, decide and instruct the said re-
ceivers or their successors as TO the season
OF the year when the destruction or removal
OF such dams shall be effected. Upon such
report being made to the Board OF Public
Works the said receivers or their successors,
the Richmond and Allegheny Railroad Com
pany, or any successor company, shall be
authorized and empowered 10 remove or
destroy the dams or any OF them deter
mined and reported as practicable and pro.
per to be removed, as above set forth; and
II the same be removed and destroyed 10
conformity with the terms OF this act, then
neither the receivers nor the Richmond and
Allegheny Railroad Company nor its sue
cessOr company shall be responsible or lilble
for any damages which may be claimed
TO result from such destruction or removal,
except such damages as may be awarded Tor
the condemnation Of wafer grants and leases
as hereinafter provided. Nothing in this
act shall he construed as relieving the Rich.
mond and Allegheny Railroad Company
from its duty imposed by its charter "tO
maintain The present water supply OF the
docks and OF the canal along It's line be-
tween Bosher's dam aud tidewater and
along the Lynchburg level between the
wateT-works dam above Lynchburg aud tue
first lock below Lvnchburg"; nor to per-
nit the destruction OF any dams used or
needed for supplying said levels; nor as
interfering with rights Of said company to
sell or lease water power on sud levels.
The commissioners shall hold office during
the pleasure Of the Board OF Public Works.
and shall receive as compensation fouf dol
lars for each day they shall be engaged In the
discharge Of their duties; one half Of which
compensation shall be paid by the Treasurer
OF the state out OF moneys not other wise ap-
propTiAted and one han by the receivers OF
the Richmond and Allegheny railroad or
their successors, who shalt also furnish the
commissioners and their medical adviser
with free transportation 10 and from the
ulaCp of uerfOrminV their duties.
9. BE IL further enacted, That whenever
the said receivers or their successors, o, the
company which shall succeed the said
Richmond and Allegheny Railroad Com
pauy, shall have destroyed or removed all
Of the dams extending across james
river between B0sher's dam and the
dam at Lynchburg, except the low
dam which extends partly across the
river ut Midway Mills, the said COM
mission shtll certify the fact TO The Board
OF Public Works, and upon the filing OF said
certificate the said Richmond and Allegheny
Railroad Company and It's successor com.
pany shall be forever released from the OBJ
legation 10 bulid or keep up tishways or
ladders into or upon such OF It's dams as II
may be authorized to maintain.
3. BE Il further enacted, That il shall be
lawful for the said receivers or the said
Richmond and Alleghany Railroad Com
paDy or it, successor company To agree
with the owner OF any water grant, or the
lessee under any uneXpired contract or
lease Of wafer for the termination OF such
lease or grant, aud IL they cannot agree
with the owner on the terms Of purchase the
said receivers, the Richmond and Alleghl-
ny Railroad Company or its successor COM
pany, may proceed to condemn such grant
or lease and txtiDguish further obligation
hereunder, and the said commissioners
provided to be appointed by this act, who
shall constitute a board for the purpose,
shall, on the application Of the said re.
ceiyers, the Richmond and Allegheny Raj.
road Company or its successor company.
assess such damages rs may result 10 the
owner or lessee Of such water grant from
the removal OF said dams and the consc-
quent destruction OF the water-pow wer. The
methods OF procedure OF the c0mmlssion in
this respect, the form OF their report. the
confirmation by the courts, aud the record
thereof shall conform as near as NAV be 10
the provisions OF chapter So OF the Code
regulating condemnation proceedings.
4. This act shall be in force from It's pas
sage.